Kenyan case law
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Timber Manufacturers & Dealers Limited v Florence Wairimu Mbugua & Sylvia Murugi Mbugua (Suing as the Administrator of the Estate of Joseph Kiarie Mbugua) (Civil Appeal (Application) 21 of 2015) [2017] KECA 197 (KLR) (Civ) (10 November 2017) (Ruling)
✦ The applicants were not parties to the suit in the lower court and have not demonstrated a direct nexus with the dispute between the parties. The Notice of Motion dated 11th November 2016 is dismissed with costs to the 1st and 2nd respondents.
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Maersk Kenya Limited v Murabu Chaka Tsuma [2017] KECA 204 (KLR)
✦ The Court allowed the appeal, set aside the ruling of the lower court, and struck out the respondent's suit with costs to the appellant.
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Baobab Beach Resort and Spa Limited v Duncan Muriuki Kaguuru & another [2017] KECA 192 (KLR)
✦ The High Court's decision to dismiss the preliminary objection is upheld, and the appeal is dismissed with costs to the respondents.
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Nick Mwendwa & another v Sam Nyamweya [2017] KECA 201 (KLR)
✦ An order of stay of execution is granted until the hearing and determination of the intended appeal.
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Eddah Wanjiru Mbiyu v Republic & Director of Public Prosecution (Criminal Appeal 3 of 2017) [2017] KECA 199 (KLR) (10 November 2017) (Ruling)
✦ The court finds that the applicant has an arguable appeal and that her intended appeal would be rendered nugatory if the trial proceeded. The court grants the stay of proceedings.
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Kenya Civil Aviation Authority & another v Timothy Nduvi Mutungi [2017] KECA 193 (KLR)
✦ We find merit in the appeal and set aside the orders allowing the Notice of Motion. We dismiss the appeal and direct each party to bear their own costs.
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Anita Chelagat O’donovan & 2 others v Fredrick Kwame Kumah & 2 others [2017] KECA 202 (KLR)
✦ The appeal is dismissed with costs as the learned Judge’s discretionary rejection of the application for injunction was not misdirected.
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M’mugambi Thiringi v M’birithia Githongo [2017] KECA 21 (KLR)
✦ The reference is dismissed with costs.
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James Waweru Muturi v Paul Thuo Njambi [2017] KECA 228 (KLR)
✦ The application is dismissed with costs to the respondent as the applicant has not been candid and forthright with the Court.
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Parag Bhabwanjighai Savani v Jitu Tribhovanshai Savani & 2 others [2017] KECA 218 (KLR)
✦ The appeals are allowed, and the 1st respondent shall pay the costs of the appeal to the appellant and the 2nd respondent.
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Peris Nyiha Kang’ethe & 3 others v Fortunatus Charles Kamau [2017] KECA 235 (KLR)
✦ The High Court judgment declaring the respondent as the proprietor of the suit land by adverse possession is set aside.
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Isindu v Lavington Security Guards Ltd (Civil Appeal 301 of 2015) [2017] KECA 225 (KLR) (3 November 2017) (Judgment)
✦ The court found that the appellant deserted his employment and was not entitled to the claims he made. The court dismissed the appeal for lack of merit.
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Jubilee Insurance Company of Kenya Ltd v Zahir Habib Jiwan & another [2017] KECA 148 (KLR)
✦ The Court of Appeal found that the respondents did not prove their claim for special damages and were not entitled to general damages.
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Jali Kazungu Gona v Republic [2017] KECA 138 (KLR)
✦ The conviction is quashed, and the appellant is released.
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County Director of Planning & Architecture, County Government of Mombasa v Makupa Transit Shade Limited [2017] KECA 123 (KLR)
✦ The applicant's application has merit and an injunction is issued restraining the respondent from proceeding with the reclamation and construction on the suit property pending the intended appeal.
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Joseph Lenduse Eldaisaba & 2 others v Paul Gugo Leswagey & another [2017] KECA 35 (KLR)
✦ The Court grants the applicants' application to lodge their Notice of Appeal and Record of Appeal out of time, deems the Notice of Appeal as filed and served upon delivery of this Ruling, and orders the applicants to file and serve their Record of Appeal within 60 days of the delivery of this Ruling. The intended appeal shall stand dismissed in default.
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Kenya Wildlife Service v Joseph Musyoki Kalonzo [2017] KECA 234 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Kenyatta University & another v Fred Obare [2017] KECA 227 (KLR)
✦ We find considerable merit in this appeal. Accordingly, we allow it, set aside the decision rendered on 20th December, 2012 and order for the dismissal of the respondent’s claim in the court below, with the result that the appellants are at liberty to conclude the disciplinary case against the respondent.
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Mae Properties Limited v Kibe & another (Civil Appeal 201 of 2016) [2017] KECA 238 (KLR) (19 October 2017) (Judgment)
✦ The Court grants the application and declares the respondents' notice of appeal to be withdrawn.
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Annah Mwihaki Wairuru v Hannah Wanja Wairuru [2017] KECA 237 (KLR)
✦ The Court declines to exercise its discretion in the applicant's favor and dismisses the applicant's motion dated 6th February, 2015.
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Princess Cab & Car Hire Limited v Francis Waweru Gikonyo [2017] KECA 224 (KLR)
✦ The appeal is partly successful, the award of Ksh. 378,000 is set aside and Ksh. 86,463 is substituted.
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Board of Trustees of Kenya Postal Corporation of Kenya & another v Timothy Were & 2 others [2017] KECA 217 (KLR)
✦ The appeal is allowed with costs. The Ruling of the High Court dated 30th September, 2010 is set aside and the application dismissed with costs to the appellant.
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Michael Mukuti Muthungu v Republic [2017] KECA 222 (KLR)
✦ The appeal is dismissed as there is no merit to it. The conviction and sentence of the trial court are upheld.
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Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2017] KECA 240 (KLR)
✦ The application for stay of execution and any further proceedings is allowed.
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Law Society of Kenya Nairobi Branch v Malindi Law Society & 6 others [2017] KECA 231 (KLR)
✦ The High Court's judgment is set aside, and the specialized courts do not have exclusive jurisdiction over disputes related to employment and labor relations and the environment and land use/occupation.